Pismo Beach Municipal Code Ch. 12.16 Permits for Special Events

A. It is the purpose of the council to establish a process for permitting special events conducted by the private sector to use city streets, facilities or services. It is recognized that these special events enhance the Pismo Beach lifestyle and provide benefits to the citizens through the creation of unique venues for expression and entertainment that are not normally provided as a part of governmental services.

B. Additionally, it is recognized that tax-exempt non-profit organizations that benefit the community are central to the quality of life in Pismo Beach and that they often develop through their special events the resources to provide essential services to the citizens of the city of Pismo Beach. By recognizing special event venues, the council intends to supplement land use regulations, to provide a coordinated process for the regulation of certain activities to be conducted in conjunction with special events, to ensure the health and safety of patrons of special events, to prohibit illegal activity from occurring within special event venues, and to protect the rights and interests granted a special event permit holder. The council further intends to create a mechanism for cost recovery and revenue sharing for commercial special events and to ensure that the planning and scheduling of such events are consistent with the legitimate financial interests of the city of Pismo Beach, its residents and businesses, while limiting the potential adverse effect on those events that contribute to the community. It is also the intent of the council to protect the rights of its citizens to engage in protected free speech and expressive activities, while allowing for the least restrictive and reasonable, time, place and manner regulation of those activities within the overall context of rationally regulating commercial special events that have an impact upon public facilities and services. (Ord. O-2013-011 § 1 (part), 2013)

For the purpose of this chapter, the following definitions shall apply:

"City property" means any city streets, sidewalks, piers, parking lots, parks, boardwalks, plazas, beaches, or any other property owned or controlled by the city.

"Commercial special event" means any special event organized and conducted by any person that does not qualify as a tax-exempt non-profit organization, a primary purpose of which is the profit of the event organizer or promoter.

"Demonstration" means any formation, procession or assembly of fifty or more persons for the purpose of expressive activity:

1. To assemble or travel in unison on any street in a manner that does not comply with normal or usual traffic regulations or controls; or

2. To gather at a public park or other public area. "Event" includes a special event or a demonstration.

"Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a commercial or non-commercial special event.

"Expressive activity" includes conduct, the sole or principal object of which is the expression, dissemination or communication, by verbal, visual, literary or auditory means, of opinions, views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature.

"Goods" means goods, wares, personal property, merchandise or any other similar item which is generally sold.

"Gross revenues" means the sum of all revenues received by an event organizer for a special event, including, but not limited to, cash receipts, licensing, sponsorships, television, advertising and similar revenues, and concessions.

"Non-commercial special event" means any special event organized and conducted by a person that qualifies as a tax-exempt, non-profit organization or any special event the primary purpose of which is the entertainment of the public or the celebration of a civic holiday or event of public interest and for which any fees charged or funds collected are utilized primarily for the support of the event and/or the support of community services.

"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

"Sign" means any sign, pennant, flag, banner, inflatable display, or other attention-seeking device.

"Special event" means:

1. Any organized formation, parade, procession or assembly consisting of fifty or more persons, which may or may not include animals, vehicles or any combination thereof, which is to assemble or travel in unison on any street which does not comply with normal or usual traffic regulations or controls; or

2. Any organized assemblage of fifty or more persons at any public beach or public park which is to gather for a common purpose under the direction and control of a person; or

3. Any other organized activity conducted by a person for a common or collective use, purpose or benefit which involves the use of, or has an impact on, other public property or facilities and the provision of city public safety services in response thereto.

4. Examples of special events include, but are not limited to concerts, parades, special interest shows or expos, circuses, fairs, festivals, block parties, community events, mass participation sports (such as, marathons and running events, bicycle races or tours, or spectator sports (such as, football, basketball and baseball games, golf tournaments, etc.).

"Special events committee" (SEC). The special events committee is authorized to carry out the provisions of the special events policies and city municipal codes. In order to assure working representation from all appropriate segments of the city government and to provide effective deliberation of all impacting events, the SEC consists of members from various city departments that support and regulate special events, such as, administration, police, fire, public works, community development, conference and visitors bureau, Pismo Beach chamber of commerce and two members, appointed by the city council, who are residents of the city of Pismo Beach. The SEC will review all special event applications and make recommendations to the city manager, who will review the recommendations of the committee and the applicant's compliance with the permitting procedures and maintain the ultimate approval authority. The chair of the SEC is designated by the city manager.

"Special event permit" means a permit issued under this ordinance.

"Special event venue" means that area for which a special event permit has been issued.

"Street" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highway.

"Tax-exempt non-profit organization" means an organization that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of three months preceding the date of application for a special event permit.

"Vendor" means any person who sells or offers to sell, any goods, food, or beverages within a special event venue. (Ord. O-2013-011 § 1 (part), 2013)

A. Any person, group or organization desiring to utilize any city property to conduct, promote, manage, aid, or solicit attendance at any special event, shall first obtain a special event permit for use of city property from the chair of the special events committee or designee. The processing fee for all applications for such events shall be set by resolution of the city council and shall be based upon the reasonable costs to the city of processing such applications.

B. The chair of the special events committee or designee, after application review by the SEC and approval by the city manager, is authorized to issue permits for special events occurring within the city limits of Pismo Beach pursuant to the procedures established in this section. The SEC will make recommendations as to the appropriateness of the special event venue. The SEC shall recommend reasonable boundaries for the special event venue, balancing the special event requirements and public health, safety, and welfare. The SEC is authorized to coordinate with other public agencies through whose jurisdiction or property the event or portion thereof occurs and to make recommendations as to the issuance of a special event permit upon the concurrence of other public agencies involved.

(Ord. O-2016-004 § 9, 2016; Ord. O-2013-011 § 1 (part), 2013)

A. A special event permit is not required for any activity listed in this section.

B. Although not required to obtain a special event permit, an event organizer of an activity exempted pursuant to this section is required to comply with general regulations governing public safety or health and any other provisions of the code specifically addressing such activities; to notify city staff as designated herein of the event; and to cooperate with city staff in coordinating the time, place and manner of the event so as to allow for adequate provision of public safety support and to limit the potential for adverse impact upon the public health and safety as necessary to prevent damage to or interference with the use of public property.

C. The following activities are exempt from the special event permit requirements:

1. Funeral processions by a licensed mortuary;

2. Activities conducted by a governmental agency acting within the scope of its authority;

3. Lawful picketing on sidewalks;

4. Demonstrations that do not involve the use of vehicles, animals, fireworks, pyrotechnics or equipment (other than sound equipment), provided that:

a. No fee or donation is charged or required as a condition of participation in or attendance at such demonstration.

b. The chief of police is notified at least ten days in advance of the commencement of the demonstration or as soon in advance as is reasonably practicable under the circumstances in order to provide for appropriate law enforcement support of the demonstration, and in no case less than thirty-six hours in advance.

c. The normal flow of traffic on streets and highways within the city is not impeded or interfered with.

d. The health and safety of the public and/or participants is not placed at risk. (Ord. O-2013-011 § 1 (part), 2013)

A. Issuance of a special event permit to this section does not obligate or require the city to provide city services, equipment or personnel in support of an event.

B. Subject to recommendation of the SEC and approval of the city manager, the city may provide city services, equipment, or personnel for commercial special events. Approval of the city council is not required for the city manager to provide city services, equipment, or personnel for a commercial special event, if the SEC recommends and the city manager makes provisions with the event organizer for cost recovery or revenue sharing, or both, from the event.

C. Without council authorization, the city manager may authorize the provision of city services, equipment or personnel in direct support of a non-commercial special event, if the cost to the city does not exceed three thousand dollars for the entire event, if the cost is within budget limitations, and if the city manager in consultation with the SEC finds that an articulated public purpose will be served. The city manager may find that a public purpose is served if four of the following factors provided are met:

1. The event is organized and conducted by a tax-exempt non-profit organization, which operates from or provides services within the city of Pismo Beach or the five cities area.

2. The event provides an articulated benefit to the general public.

3. The event includes participation by the general public (notwithstanding an admission or participation fee).

4. Any fee charged for admission or participation goes to the support of the event or to the provision of services to the community.

5. Provision of city services will result in improved crowd or event control and general public safety. (Ord. O-2013-011 § 1 (part), 2013)

Except for events sponsored by the city, and wherever possible, priority shall be given for the issuance of a special event permit to local tax-exempt non-profit organizations operating in and providing services to the citizens of the city of Pismo Beach or San Luis Obispo County. (Ord. O-2013-011 § 1 (part), 2013)

A. In conjunction with an approved special event permit, the city manager or designee may approve, by explicit written authorization, the use of city insignia, as defined in Section 1.06.020 of this Code, or the words "City of Pismo Beach," or any similar combination or facsimile thereof that reasonably would imply an official endorsement of the event by the city, in conjunction with the approved event.

B. Any authorized use of the city name, city logo, or other official city insignia in conjunction with a special event shall comply with any further permit conditions issued by city staff, and otherwise comply with the provisions of Chapter 1.06 of this Code, applicable policy resolutions adopted from time to time by the city council, and companion administrative policies adopted from time to time by the city manager. Unauthorized use of City Insignia is subject to prosecution under Sections 1.06.050 and 1.20.010 of this Code. (Ord. O-2025-002 § 26, 2025; Ord. O-2016-004 § 10, 2016; Ord. O-2013-011 § 1 (part), 2013)

A. An application for a special event permit shall be filed with the city not less than sixty calendar days, nor more than two years, before the time when it is proposed to conduct the special event. However, if an application is submitted less than the required time, it shall be determined if there is sufficient time remaining for proper review of the application under the provisions of this chapter.

B. Any person organizing a demonstration shall notify the city manager and the chief of police, who will immediately notify other potentially impacted city services not less than ten calendar days before the time when it is proposed to conduct the demonstration, except that where the demonstration is prompted by a current event or other unplanned act or occurrence and the relevance of the demonstration will be lessened or lost if the demonstration cannot be held at the time and place and in the manner proposed. In any case, the event organizer, must inform the chief of police at least thirty-six hours in advance of the demonstration of its intent to hold a demonstration and shall advise the chief of police of the anticipated time, place and attendance at the event so that adequate public safety support of the demonstration can be organized. (Ord. O- 2013-011 § 1 (part), 2013)

An application for a special event permit is deemed completed when the applicant has provided all of the information required herein including any additional information requested, such as payment(s), insurance and endorsement certificates, park/hall application and fees, copy of department of alcoholic beverage control license, copy of security guard contract, insurance certificates and business licenses from vendors and any other documents required by the city, and the application has been approved by the city manager. (Ord. O-2016-004 § 11, 2016; Ord. O- 2013-011 § 1 (part), 2013)

Notwithstanding the city's acceptance of a completed application, no date shall be considered confirmed until a special event permit is issued. (Ord. O-2013-011 § 1 (part), 2013)

The application for a special event permit must include the following:

A. The name, address and telephone number of the applicant.

B. A certification that the applicant will be financially responsible for any city fees or costs that may be imposed for the event.

C. The name, address and telephone number of the event organizer, if any, and the chief officer of the event organizer, if any.

D. If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a written communication from such organization, which should include:

1. Authorizing the applicant to apply for the special event permit on its behalf.

2. Certifying that the applicant will be financially responsible for any costs or fees that may be imposed for the event.

E. A copy of the tax exemption letter issued for any applicant claiming to be a tax-exempt non-profit organization.

F. A statement of the purpose of the special event.

G. A statement of fees to be charged for the special event; and the proposed location for the special event.

H. The date and times when the special event is to be conducted.

I. The approximate times when assembly for, and disbanding of, the special event is to take place.

J. The proposed locations of the assembly or production area.

K. The specific proposed site or route, including a map and written narrative of the route.

L. The proposed site of any reviewing stands; and the proposed site for any disbanding area.

M. Proposed alternate routes, sites or times, where applicable.

N. The approximate number of persons, animals or vehicles that will constitute the special event.

O. The kinds of animals anticipated to be part of the special event.

P. A description of the types of vehicles to be used in the special event.

Q. The proposed maximum number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise.

R. The number and location of portable sanitation facilities.

S. Other equipment or services necessary to conduct the event with due regard for participant and public health and safety.

T. The number of persons proposed or required to monitor or facilitate the special event and provide spectator or participant control and direction for events using city streets, sidewalks, or facilities.

U. Provisions for first aid or emergency medical services, or both, based on event risk factors.

V. Insurance and surety bond information.

W. Any special or unusual requirements that may be imposed or created by virtue of the proposed event activity after consultation between the promoter or sponsor and the SEC after approval by the city manager.

X. An application form consistent with this section shall be approved by the city manager pursuant to this section and made available to applicants by the chair of the special events committee or designee. (Ord. O-2016-004 § 12, 2016; Ord. O-2013-011 § 1 (part), 2013)

A. The city manager, following receipt of a completed application and after review by the SEC shall approve and the chair of the special events committee or designee shall issue a special event permit, when all of the conditions listed herein are met.

1. The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its route.

2. The event will not cause an unresolvable conflict with construction or development in the public right-of-way or at a public facility.

3. The event will not block traffic lanes or close streets during peak commuter hours on weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on primary city thoroughfares.

4. The event will not require the diversion of a great number of police employees from their normal duties, thereby preventing reasonable police protection to the remainder of the city.

5. The concentration of persons, animals or vehicles will not unduly interfere with the movement of police, fire, ambulance, and other emergency vehicles on the streets.

6. The event will move from its assembly location to its disbanding location expeditiously and without unauthorized stopping en route.

7. The event will not substantially interfere with any other special event or demonstration for which a permit has already been granted or which has been previously scheduled or with the provision of city services in support of other scheduled events or unscheduled governmental functions such as visits of chiefs of state.

8. The event will not have unmitigable adverse impact upon residential or business access and traffic circulation in the same general venue.

9. If the event is a marathon, it will not occur within thirty calendar days of another marathon.

B. To make the determination hereunder, the city manager shall consider pedestrian and traffic circulation, traffic volume and population density and the city's ability adequately to support the event without compromising the city's ability to provide for the needs of its citizens and ensure adequate protection of the public health and safety.

C. In order to ensure that the conditions herein are met, the city manager may place conditions on the special event permit. (Ord. O-2016-004 § 13, 2016; Ord. O-2013-011 § 1 (part), 2013)

A. The city manager shall deny a special event permit to an applicant who has not:

1. Provided for the services of a sufficient number of traffic controllers trained, certified and appointed pursuant to state requirements; or

2. Provided sufficient monitors for crowd control and safety; or

3. Provided sufficient safety, health or sanitation equipment, services or facilities that are reasonably necessary to ensure that the event will be conducted with due regard for safety; or

4. Provided, where applicable, sufficient off-site parking or shuttle service, or both, when required to minimize any substantial adverse impacts on general parking and traffic circulation in the vicinity of the event; or

5. Met all of the requirements for submitting an application for a special event permit.

B. The city manager shall also deny a special event permit if:

1. The event has previously been shown, in Pismo Beach or another locality, to have resulted in violent disorderly conduct by the participants that endangered public safety or to have resulted in significant property damage, unless the event organizer has provided a plan that provides for means by which to mitigate against such conduct in the future and agrees to work in conjunction with city staff to develop means by which to protect the public safety and to prevent damage to public property; or

2. The event will violate public health or safety laws; or

3. The event fails to conform to the requirements of law or duly established council policy; or

4. The applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this section; or

5. The applicant has failed to conduct a previously authorized or exempted special event in accordance with law or the terms of a permit, or both; or

6. The event will require the exclusive use of beach or park areas during any period from Memorial Day through Labor Day in a manner which will adversely impact upon the reasonable use or access to those areas by the general public; or

7. The applicant has not obtained the approval of any other public agency within whose jurisdiction the special event or portion thereof will occur; or

8. The applicant has failed to provide an adequate first aid or emergency medical services plan based on event risk factors.

C. The city manager shall deny a special event permit to an applicant who has failed to comply with any term of this section, or with any condition of a special event permit previously issued to the applicant. (Ord. O-2013-011 § 1 (part), 2013)

A. Should the SEC and/or the city manager deny the application for the special event permit, the SEC chair shall notify the applicant in writing as soon as is reasonably practical, but no longer than ten days after such determination has been made.

B. Permits issued and determinations made by the SEC and city manager pursuant to this chapter shall be appealable directly to the city council. Any such appeals shall be made in writing, setting forth the grounds for appeal, within ten working days of the final staff determination; public hearings before the city council to consider such appeals shall be scheduled within thirty calendar days of said appeal. The appeal fee will be set by resolution of the city council.

C. The decision of the city council to grant or deny that appeal shall constitute the exhaustion of the applicant's administrative remedy. (Ord. O-2013-011 § 1 (part), 2013)

A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the city manager applicable to the particular event and shall be presented upon demand of any city official. (Ord. O-2013-011 § 1 (part), 2013)

A special event permit may contain conditions and/or restrictions set forth by the SEC and/or city manager, including the following information, as applicable to the specific event:

A. The location of the special event venue, which may be identified by a map attached to the special event permit.

B. The date, assembly area, time for assembly and starting time of the special event.

C. The specific route plan to the special event.

D. The minimum and maximum speeds of the special event, if the event is processional in nature.

E. The number and types of persons, animals and vehicles, the maximum number of bands, other musical units and equipment capable of producing sound, if any, and limitations thereon pertaining to noise abatement.

F. The maximum interval of space to be maintained between booths or other structures to be used for the special event.

G. The portion of the street and sidewalk that is to be occupied by the event and the location of reviewing or audience stands, if any.

H. The number and location of traffic controllers, monitors, other support personnel and equipment and barricades to be furnished by the special event organizer.

I. The area and time for disbanding.

J. Conditions or restrictions on the use of alcoholic beverages and authorization for and conditions of the exclusive control or regulation of vendors and related sales activity by the event organizer during the special event.

K. Provisions for any required emergency medical services.

L. Such other information and conditions as are reasonably necessary for the conduct of the special event and the enforcement of this section, including the requirement for the on-site presence of the event organizer or its designated representative for all event coordination and management purposes.

M. As a condition of the issuance of a special event permit, the applicant shall be required to make adequate provisions for cleaning-up the area or route of the event both during and upon completion of the event and to return the area or route to the same condition of material preservation and cleanliness as existed prior to the event. (Ord. O-2013-011 § 1 (part), 2013)

A. Except as provided herein, the SEC shall make a final recommendation to the city manager for action upon a completed application for a special event permit as soon as practicable.

B. The city manager is not required to take final action upon any special event permit application prior to one hundred-eighty calendar days before the event.

C. The city manager is not required to take final action on an incomplete or untimely special event permit application.

D. Final action on a completed special event permit application shall consist of one of the following:

1. Issuance of a special event permit in accordance with the terms of the application; or

2. Issuance of a special event permit in accordance with the terms of the application, as modified by mutual agreement between the city manager and the applicant; or

3. Denial of the special event permit application by the city manager. (Ord. O-2013-011 § 1 (part), 2013)

A. The event organizer of a special event must possess or obtain comprehensive general liability insurance to protect the city against loss from liability imposed by law for damages on account of bodily injury and property damage arising from the event. Such insurance shall name the city of Pismo Beach, its officers, employees, and agents and, as required, any other public entity involved in the event, as additional insured. Insurance coverage must be maintained for the duration of the event. Notice of cancellation shall be provided immediately to the city.

B. Except as otherwise provided, comprehensive general liability insurance coverage required shall be in a combined single limit of at least one million dollars. Large special events or those with higher risk to participants, shall provide comprehensive general liability insurance coverage in a combined single limit of at least two million dollars.

C. If the special event is of a demonstrated high or low risk category, according to recognized insurance and risk management standards, the city manager shall require a greater or lesser amount of coverage than generally required, or may require a particular type of insurance coverage different from that specified. In no case shall an increase in the amount of insurance required be based upon the content of the message conveyed by or through a given event or upon anticipated adverse response thereto.

D. The insurance required shall encompass all liability insurance requirements imposed for other permits required under other sections of this municipal code and is to be provided for the benefit of the city and not as a duty, express or implied, to provide insurance protection for spectators or participants.

E. The event organizer's current effective insurance policy, or copy, along with necessary endorsements, shall be filed with the SEC at least thirty calendar days before the event, unless the SEC recommends and the city manager, for good cause stated, modifies the filing requirements. (Ord. O-2013-011 § 1 (part), 2013)

A. Except for special events where the sale of alcoholic beverages is authorized or for traffic control permits issued in conjunction with a special event, the insurance requirements of this section may be waived by the city manager. In making the determination of whether to waive insurance, the city manager shall consider the following factors:

1. Whether the special event is an expressive activity protected by the First Amendment based upon:

a. Whether the applicant or an officer of the sponsoring organization of a non-athletic event has filed a verified statement that he or she believes the event's purpose is First Amendment expression.

2. Whether the applicant or officer of the sponsoring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression.

3. Whether it is objectively impossible to obtain insurance coverage.

4. Whether the event will involve the use of equipment (other than sound equipment), vehicles, animals, fireworks or pyrotechnics.

5. Whether a fee or donation is charged or required as a condition of admission or participation in the event.

6. The required statement regarding unreasonably burdensome cost of obtaining insurance shall include the name and address of one insurance broker or other source for insurance coverage contacted to determine premium rates for coverage.

7. To claim that it is objectively impossible to obtain insurance coverage, the applicant shall submit a statement at least two independent licensed insurance brokers demonstrating the insurance is unavailable in the market place.

8. Even though insurance is waived, the city will require the event organizer of a special event to defend, indemnify and hold harmless the city from any claim or liability arising from the event. In addition, all event organizers are required to instruct all vendors to obtain a city of Pismo Beach business license and necessary insurance prior to the event. (Ord. O-2013-011 § 1 (part), 2013)

A. Any special event permit issued pursuant to this section is subject to revocation pursuant to this section.

B. A special event permit shall be revoked if the city manager determines based upon considerations supported by findings that:

1. The event cannot be conducted without violating the standards or conditions for special event permit issuance; or

2. The event is being conducted in violation of any condition of the special event permit; or

3. The event poses a threat to health or safety; or

4. The event organizer or any person associated with the event has failed to obtain any other permit required pursuant to this code; or

5. The special event permit was issued in error or contrary to law.

C. Except in an emergency situation, where public health and safety are imminently threatened, notices of revocation shall be in writing and shall specifically set forth the reasons for the revocation.

D. If there is an emergency requiring immediate revocation of a special event permit, the city manager or any member of the SEC may notify the permit holder verbally of the revocation.

E. An appeal from a revocation shall be handled in the same manner and under the same time requirements as denials of special event permits. (Ord. O-2013-011 § 1 (part), 2013)

A. Except as otherwise provided in this section, or when funded or waived by council resolution or ordinance, based upon specific findings that such waiver is in the financial and/or commercial interest of the city, for any commercial special event the city shall charge for the actual costs associated with efforts required of city resources to provide traffic control, parking restrictions, special barricading, emergency medical services, on-site monitoring of events, lifeguard services, use of city equipment and other non-personnel expense in support of the event or other special event needs shall be the responsibility of the applicant and shall include all costs incurred by the city, including actual staff time, material and equipment:

1. Personnel involved in event traffic control, fire safety or other facility or event support to the extent that the usual demand for city services is increased as a result of the event. Such charges shall be calculated at the rates established by the city and based upon the actual cost to the city of providing such additional services as may be required to support the event.

B. The city shall require payment of fees required herein or a reasonable estimate thereof based upon objective criteria, including, but not limited to, the geographic size of the event, estimated attendance at the event, and the number of vendors and or participants expected. Such fees will be payable at the time the completed application is approved, unless the city manager for good cause extends time for payment.

C. If the event organizer fails to return city property to its pre-event state, the event organizer will be billed for actual city costs for clean-up and repair of the area or route occasioned by the event. It the event organizer failed to comply with any required provision of this ordinance under a previously issued special event permit, the SEC may recommend and the city manager may require the event organizer to deposit adequate surety in the form of cash or bond.

D. No amount shall be charged to a permittee pursuant to this section based upon the content of the permitees' speech, the identity of the permittee, or acts of third parties acting without prior approval of the permit holders. (Ord. O-2013-011 § 1 (part), 2013)

A tax exempt non-profit organization sponsoring an event may acknowledge the receipt of cash or in-kind services or goods, donations, prizes or other consideration from for-profit organizations without causing the event to be considered a commercial special event. Such acknowledgment may include use of the name, trademark, service mark or logo of such a for-profit organization in the name or title of the event or the prominent appearance of the same in advertising or on collateral material associated with the event. (Ord. O-2013-011 § 1 (part), 2013)

A. An event organizer of a commercial special event shall pay the city a negotiated percentage of gross revenues, a flat fee, a combination percentage of gross revenues and a flat fee, or any other revenue sharing agreement as may be negotiated between the city manager and the event promoter or event organizer and is deemed by the city manager to be in the best interests of the city.

B. Cost recovery under Section 12.16.210 shall not be required of commercial special events where payment for such services has been negotiated by the city within a revenue sharing agreement.

C. An event organizer of a commercial special event shall not be required to enter into a revenue sharing agreement with the city where the city has funded or waived cost recovery pursuant to Section 12.16.210, or where the city manager determines, after negotiation with the promoter or event organizer, that it is in the articulated best interests of the city not to require a revenue sharing agreement based on findings that the financial or commercial interests of the community are served by waiver of such agreement. Any such agreement negotiated between the city manager shall be part of the final contract between the city and the event organizer and shall be subject to final approval by the city council, unless the city council has formally delegated such final approval authority to the city manager. (Ord. O-2016-004 § 14, 2016; Ord. O- 2013-011 § 1 (part), 2013)

A. An event organizer of a commercial special event shall make payment and provide a final financial statement audited by a certified public accountant to the SEC no later than thirty calendar days after the event for the fees and revenues to be paid to the city. The city may also request such a statement from an event organizer of an event for which a revenue sharing agreement, costs or insurance requirements have been waived for financial reasons in order to collect data to use in consideration of future requests for or decision to waive costs or agreements.

B. At any time during normal business hours, and as often as the SEC or city auditor deems necessary, all data and records pertaining to the event shall be made available to the city for examination at reasonable locations within the city of Pismo Beach or county of San Luis Obispo. The city will be allowed to audit, examine, and make excerpts or transcripts from the records. The records shall be retained for a period of not less than three years following the event unless the city agrees to an earlier disposition. (Ord. O-2013-011 § 1 (part), 2013)

The city manager may delegate any or all of his or her functions under this section to his or her deputies or subordinates. (Ord. O-2013-011 § 1 (part), 2013)

The city manager is authorized to promulgate additional administrative procedures that are consistent with and that further the terms and requirements set forth within this section and the provisions of law that pertain to the conduct and operation of a special event or demonstration and subject to city council approval. (Ord. O-2013-011 § 1 (part), 2013)

All special event vendors' permits fees, if any, shall be set by resolution of the city council, unless other provisions are made for such fees pursuant to the special events permit and/or contract between the city and the event's organizer in the case of a commercial special event. (Ord. O-2013-011 § 1 (part), 2013)

A. The issuance of a special event permit does not relieve any person from the obligation to obtain any other permit or license required pursuant to this code.

B. The issuance of any other permit or license issued pursuant to the municipal code does not relieve any person from the obligation to obtain a special event permit pursuant to this section. (Ord. O-2013-011 § 1 (part), 2013)

A. Once the city has approved a special event permit for use of a specific portion of city property, it is unlawful for any other person, group or organization to use any portion of such city property for an unpermitted special event during the permitted special event.

B. The chief of police has the authority to restrict the driving, stopping, standing or parking of vehicles upon any public street, public parking lot or other public property. These restrictions shall not be enforced unless the public street, public parking lot or public property has been properly posted at least twenty-four hours prior to the event.

C. Any police officer may cause the removal of any vehicle parked or left standing upon any public street, public parking lot or public property which has been posted at least twenty-four hours prior to giving notice of such removal. (Ord. O-2013-011 § 1 (part), 2013)

A. The community development director may authorize a local business or charitable or non-profit organization in a commercial zone to make a single temporary use of the business owner's commercial property, including the selling of parking spaces, during special events permitted by the city if the following requirements are met:

1. The owner seeking to make such temporary use of his property submits an application to the community development department not less than twenty-four hours prior to the commencement of the permitted special event specifying:

a. The intended use.

b. Any structures to be used or erected in conjunction with the use.

c. Whether food and/or beverages are to be served and, if so, providing proof of health department certification.

d. Whether other permits and or authorizations are required in conjunction with the intended use and, if so, providing proof of issuance of such permits and/or authorizations.

e. Any such intended use is otherwise consistent with all applicable provisions of state and local law including the Health & Safety Code and the Fire Code. Parking spaces, driveways and walkways shall not be blocked so as to obstruct access by emergency vehicles.

f. Assurance must be given by the applicant that the use will be conducted in an orderly manner and will not create a nuisance or otherwise interfere with the permitted special event or the provision of city services.

g. The duration of the permit shall not be longer than the duration of the permitted special event.

h. An application fee of fifty dollars shall be required to cover the city's administrative and processing expenses associated with the application and issuance of the permit, except that no fee shall be charged to any entity presenting proof of its tax-exempt not-for-profit status.

2. Except as otherwise provided, the possession of a business license and or temporary special event use permit shall not authorize any person to operate any business on or within city sidewalks, streets, parking lots, piers, beaches or any other property under the jurisdiction or control of the city unless and until said person holds a then valid permit, lease, or other written authorization from the city council to operate said business on said property.

3. The community development director or his/her designee shall have the authority to place any conditions on the permit as she or he deems necessary for the protection of the health and safety of the citizens of Pismo Beach so long as the bases for such conditions are clearly stated along with any conditions imposed.

4. If the proposed use is the rental of existing parking spaces in the lot of a commercial property that is open for business during the proposed use, the property owner must certify that the proposed use will not result in the maintenance of an inadequate number of parking spaces as required to satisfy zoning and/or normal operating requirements. Existing commercial properties that are not open for business may rent all spaces in their lots for such period of time as they are otherwise closed for business.

5. Police shall be responsible for enforcement of the terms of the permit.

6. The possession of a business license and or temporary special event use permit shall not authorize local business owners to sell vendor space on their property to for-profit entities in competition with vendors participating in the special event. Each business owner shall be entitled to obtain a single permit for the use of private commercial property by the owner, the owner's tenant or a non-profit entity authorized by the owner. (Ord. O-2013-011 § 1 (part), 2013)

A. It shall be an infraction for any person to sponsor or conduct a special event, as defined in Section 12.16.010, unless a special event permit has been issued for the event or to otherwise fail to comply with the requirements of this section.

B. It shall be an infraction for any person to participate in a special event with the knowledge that the sponsor of the special event has not been issued a special event permit.

C. It shall be an infraction for the special event permittee to violate the terms and conditions of the special event permit, or for any special event participant violate the terms or conditions of the special event permit.

D. It shall be an infraction for any person to hamper, interfere with, obstruct or impede any special event which has been approved under this chapter.

E. When the permitted special event is a race, parade or other type of procession, it shall be an infraction to knowingly drive a vehicle or bicycle between the persons or vehicles comprising the race, parade or procession unless it is done at the direction of a police officer, authorized security person or special event monitor in charge of traffic control.

F. It shall be an infraction for any person to park or leave unattended a vehicle in violation of the parking control signs posted pursuant to Section 12.16.290. It shall also be an infraction for any person to remove or alter any such parking control signs after the signs are posted and prior to the completion of the special event.

G. It shall be an infraction for any event organizer to use in the title of an event the words "The City of Pismo Beach" or "City of Pismo Beach," (or any version thereof) or a facsimile of the seal of the city of Pismo Beach, without the city's authorization.

H. It shall be an infraction for any person to sell for profit, or offer to sell for profit, any ticket of admission to a special event within a special event venue, except with the express authorization, of the city manager and in the location(s) authorized by the city pursuant to a special event permit. (Ord. O-2013-011 § 1 (part), 2013)

Whenever a commercial or non-commercial special event is conducted without a special event permit when one is required, or an event is conducted in violation of the terms of an issued special event permit, the event organizer shall be responsible for, and the city shall charge the event organizer for, all city costs incurred for personnel and equipment for a public safety response caused or necessitated by the adverse impacts of the event, or the violation of the special event permit, upon public safety. (Ord. O-2013-011 § 1 (part), 2013)

Any contract negotiated pursuant to the issuance of a special events permit hereunder between the city manager on behalf of the city and the event organizer and/or promoter of a commercial special event shall be subject to final approval by the city council, unless the city council has formally delegated such final approval authority to the city manager. (Ord. O-2013-011 § 1 (part), 2013)